L.M. Landry

The Ontario Review Board held a hearing to review the restriction of liberties imposed on the accused, who was previously found unfit to stand trial and detained at a mental health facility.

The hospital had secluded the accused on two occasions due to his deteriorating mental state, agitation, and risk of harm to others.

The Board found that both periods of seclusion were warranted and represented the least onerous and least restrictive means to manage the accused's risk.

However, the Board directed the attending psychiatrist to canvass the risks and benefits of injectable medications with the accused's substitute decision-maker to address suboptimal treatment caused by the diversion of oral medications.

The Ontario Review Board conducted a mandatory review of the accused's conditional discharge disposition.

The accused, previously found not criminally responsible for dangerous operation causing death, requested the removal of a substance prohibition clause from his disposition.

The Board accepted the hospital's psychiatric evidence that the accused's complex neurological and psychiatric diagnoses made him highly vulnerable to destabilization from substance use.

The Board found that the accused continues to pose a significant threat to public safety and ordered the continuation of the conditional discharge with the substance prohibition clause intact.

The Ontario Review Board conducted a mandatory annual review of the accused's detention disposition.

The accused, who was found not criminally responsible for aggravated assault, has schizophrenia and recently transitioned to a supervised group home in the community.

Based on the hospital's evidence and the joint position of the parties, the Board found that the accused continues to pose a significant threat to public safety.

The Board ordered the continuation of the existing detention disposition to ensure the hospital maintains the ability to approve accommodation and manage the accused's risk.

The Ontario Review Board held an initial disposition hearing for an accused found unfit to stand trial on charges including sexual assault and assault causing bodily harm.

The accused, who suffers from an anoxic brain injury and antisocial personality disorder, has a history of unpredictable and sexually inappropriate behaviour towards female hospital staff.

The Board found the accused remains unfit to stand trial.

The Board ordered his continued detention at Waypoint Centre for Mental Health Care and rejected the hospital's recommendation to transfer him to Ontario Shores, concluding that his behaviour poses an unacceptable risk to female patients and staff at a coed facility.

The Ontario Review Board held a restriction of liberty hearing after the hospital transferred the accused from a general forensic unit to a secure forensic unit due to decompensation, medication noncompliance, and threatening behaviour.

The Board accepted the hospital's evidence that the transfer was necessary to manage the accused's inappropriate conduct, risk of absconding, and threats.

The Board concluded that the ongoing stay in the secure unit represented the least onerous and least restrictive decision available to the hospital.